Hurt on the road? A compensation lawyer guide for Mulgoa

Think of it as two layers. The first, statutory benefits, is open to most injured people whoever caused the crash, and covers things like weekly payments while you can't work and treatment that is reasonable and necessary. The second, common law damages, is a lump sum only some people can claim: another driver must have been at fault, you must not have been mostly at fault, and your injury must be more than a threshold injury.

Compensation is not a single cheque. What's available to you depends on the facts: whether someone else caused the crash, whether the insurer accepts that your injury goes beyond the threshold, and how your recovery tracks over time. Those facts can change as the claim goes on, which is why an early answer is a starting point rather than a final word.

You'll see the same kind of lawyer described as a compensation lawyer, a personal injury lawyer, a CTP lawyer or a motor accident lawyer. These are mostly descriptions of the work, not separate professions, and many lawyers who handle NSW motor accident claims use several at once. What matters more is experience with the scheme your claim falls under, so ask about that directly.

People searching for a compensation lawyer are at very different points. Some were hurt recently and haven't lodged anything. Some have been receiving weekly payments for months. Some have a refusal letter in front of them, and some are weighing an offer. Each of those is a different question with a different answer, so start by placing yourself on the list below.

• Benefits being paid: payment and treatment questions usually go to your case manager first
• Thinking about damages: the damages guide below explains what a lump sum can include and when
• Someone died in the crash: the car accident compensation page covers what dependants may claim

Much of the confusion in a motor accident claim comes from vocabulary. A single letter can mention statutory benefits, a threshold injury and an internal review, each with a precise meaning. The short definitions below are general and simplified. If a word appears in a decision about your claim, it's worth checking exactly what it means for you.

• Statutory benefits: weekly payments and treatment and care that most injured people can claim regardless of fault
• Damages: a lump sum for losses such as past and future earnings, available only in some claims
• Internal review: asking the insurer to look again at a decision you disagree with
• Certificate of Fitness: the form your doctor completes to record your injuries and your capacity for work
• Nominal Defendant: the fund that stands in when the vehicle was unidentified or uninsured

Most of a compensation lawyer's work is unglamorous. They read insurer letters closely, check them against the rules, request records from hospitals and treating practitioners, and put the evidence together in the order the scheme expects. When a decision goes against you, they can run the review or dispute. When an offer arrives, they weigh it against your losses. No lawyer can promise a particular result.

What a lawyer can't do is create evidence that doesn't exist. Your treating doctor's notes, the Certificate of Fitness and records of what the injury stops you doing carry most of the weight. A lawyer's value lies in knowing which of those the insurer will look at, which are missing, and how the rules for your accident date treat them.

• Preparing a review or dispute when a decision looks wrong
• Advising whether an offer reflects your losses
• Keeping track of the deadlines that apply to you

Not every compensation search is about a road injury. People also look for help with TPD claims through their super, public liability claims after a fall in a public place, or complaints about medical treatment. Those follow their own rules, and they usually fall outside what we help with. Vehicle damage is never a CTP claim either, because the green slip covers injuries only. If you're not sure which you have, the claim check will say so plainly.